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20 U.S.C. § 4401 — Findings

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 4401 — Findings

Page 1239 TITLE 20—EDUCATION § 4411 Sec. SUBCHAPTER II—NATIVE HAWAIIANS AND ALASKA NATIVES 4441. Program for Native Hawaiian and Alaska Na- tive culture and arts development. 4442. Administrative provisions. SUBCHAPTER III—AUTHORIZATION OF APPROPRIATIONS 4451. Authorization of appropriations. § 4401. Findings The Congress finds that— (1) Indian art and culture and Native Hawai- ian art and culture have contributed greatly to the artistic and cultural richness of the Na- tion; (2) Indian art and culture and Native Hawai- ian art and culture occupy a unique position in American history as being our only native art form and cultural heritage; (3) the enhancement and preservation of this Nation’s native art and culture has a funda- mental positive influence on the American people; (4) although the encouragement and support of Indian and Native Hawaiian arts and crafts are primarily a matter for private, local, and Indian and Native Hawaiian initiative, it is also an appropriate matter of concern to the Federal Government; (5) it is appropriate and necessary for the Federal Government to support research and scholarship in Indian art and culture and Na- tive Hawaiian art and culture and to com- plement programs for the advancement of such art and culture by tribal, private, and public agencies and organizations; (6) current Federal initiatives in the area of Indian art and culture and Native Hawaiian art and culture are fragmented and inad- equate; and (7) in order to coordinate the Federal Gov- ernment’s effort to preserve, support, revi- talize, and disseminate Indian art and culture and Native Hawaiian art and culture, it is de- sirable to establish— (A) a national Institute of American In- dian and Alaska Native Culture and Arts De- vel

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Page 1239 TITLE 20—EDUCATION § 4411 Sec. SUBCHAPTER II—NATIVE HAWAIIANS AND ALASKA NATIVES 4441. Program for Native Hawaiian and Alaska Na- tive culture and arts development. 4442. Administrative provisions. SUBCHAPTER III—AUTHORIZATION OF APPROPRIATIONS 4451. Authorization of appropriations. § 4401. Findings The Congress finds that— (1) Indian art and culture and Native Hawai- ian art and culture have contributed greatly to the artistic and cultural richness of the Na- tion; (2) Indian art and culture and Native Hawai- ian art and culture occupy a unique position in American history as being our only native art form and cultural heritage; (3) the enhancement and preservation of this Nation’s native art and culture has a funda- mental positive influence on the American people; (4) although the encouragement and support of Indian and Native Hawaiian arts and crafts are primarily a matter for private, local, and Indian and Native Hawaiian initiative, it is also an appropriate matter of concern to the Federal Government; (5) it is appropriate and necessary for the Federal Government to support research and scholarship in Indian art and culture and Na- tive Hawaiian art and culture and to com- plement programs for the advancement of such art and culture by tribal, private, and public agencies and organizations; (6) current Federal initiatives in the area of Indian art and culture and Native Hawaiian art and culture are fragmented and inad- equate; and (7) in order to coordinate the Federal Gov- ernment’s effort to preserve, support, revi- talize, and disseminate Indian art and culture and Native Hawaiian art and culture, it is de- sirable to establish— (A) a national Institute of American In- dian and Alaska Native Culture and Arts De- velopment, and (B) a program for Native Hawaiian culture and arts development. (Pub. L. 99–498, title XV, § 1502, Oct. 17, 1986, 100 Stat. 1600.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–239, title VII, § 721, May 4, 1994, 108 Stat. 606, provided that: ‘‘This title [probably should be ‘‘sub- title’’ meaning subtitle C [§§ 721, 722] of title VII of Pub. L. 103–239, amending section 4441 of this title] may be cited as the ‘Alaska Native Culture and Arts Develop- ment Act’.’’ SHORT TITLE Pub. L. 99–498, title XV, § 1501, Oct. 17, 1986, 100 Stat. 1600, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act’.’’ § 4402. Definitions For the purpose of this chapter— (1) The term ‘‘Indian art and culture’’ in- cludes (but is not limited to) the traditional and contemporary expressions of Indian lan- guage, history, visual and performing arts, and crafts. (2) The term ‘‘Native Hawaiian art and cul- ture’’ includes the traditional and contem- porary expressions of Native Hawaiian lan- guage, history, visual and performing arts, and crafts. (3) The term ‘‘Institute’’ means the Institute of American Indian and Alaska Native Culture and Arts Development established by this chapter. (4) The term ‘‘Indian’’ means any person who is a member of an Indian tribe. (5) The term ‘‘Indian tribe’’ means any tribe, band, nation, or other organized group or com- munity of Indians, including any Alaska Na- tive village (as defined in, or established pur- suant to, the Alaska Native Claims Settle- ment Act [43 U.S.C. 1601 et seq.]), which is rec- ognized as eligible for special programs and services provided by the United States to Indi- ans because of their status as Indians. (6) The term ‘‘Native Hawaiian’’ means any descendent of a person who, prior to 1778, was a native of the Hawaiian Islands. (7) The term ‘‘Secretary’’ means the Sec- retary of the Interior. (8) The term ‘‘Board’’ means the Board of Trustees of the Institute established under this chapter. (Pub. L. 99–498, title XV, § 1503, Oct. 17, 1986, 100 Stat. 1600.) Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in par. (5), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. SUBCHAPTER I—AMERICAN INDIANS AND ALASKA NATIVES § 4411. Establishment of Institute (a) In general There is hereby established a corporation to be known as the ‘‘Institute of American Indian and Alaska Native Culture and Arts Develop- ment’’, which shall be under the direction and control of a Board of Trustees established under section 4412 of this title. (b) Succession and amendment of charter The corporation established under subsection (a) shall have succession until dissolved by Act of Congress. Only the Congress shall have the authority to revise or amend the charter of such corporation. (Pub. L. 99–498, title XV, § 1504, Oct. 17, 1986, 100 Stat. 1601.) Statutory Notes and Related Subsidiaries AVAILABILITY OF FISCAL YEAR 1988 APPROPRIATIONS Pub. L. 100–202, § 101(g) [title I, § 100], Dec. 22, 1987, 101 Stat. 1329–213, 1329–228, provided: ‘‘That notwith-

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 4401 — Administrative provisions

**(a) Payments** The Secretary may award grants under this subchapter in installments, in advance, or by way of reimbursement and may make necessary adjustments in payments of grants on account of overpayments or underpayments. **(b) Recovery of overpayments** (1) If the Secretary or a court of competent jurisdiction finds that— (A) any person— (i) has— (I) made, or has caused to be made by another, a false statement or representation of a material fact knowing it to be false, or (II) knowingly failed, or caused another to fail, to disclose a material fact; and (ii) as a result of such action, has received any funds under this subchapter which such person would not have otherwise received, or (B) any person misappropriates any funds paid by the Secretary under this subchapter, such person shall be liable to repay the amount of such funds to the United States. Any such finding by the Secretary may be made only after an opportunity for a fair hearing. (2) Any amount repaid under this subsection shall be returned to the general fund of the Treasury of the United States. **(c) Penalties** Whoever— (1) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for such person or for any other person any payment of funds provided under this subchapter, or (2) misappropriates any funds provided under this subchapter, shall be fined not more than $1,000 or imprisoned for not more than one year, or both.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1601 — Congressional findings and declaration of policy

Congress finds and declares that— **(a)** there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims; **(b)** the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska; **(c)** no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 11 So in original. Probably should be “of”. Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971; **(d)** no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1601 — Congressional findings and declaration of

Page 434 TITLE 43—PUBLIC LANDS § 1600l 1 So in original. Probably should be ‘‘of’’. § 1600l. Authorization of appropriations There is authorized to be appropriated to the Department of the Interior $600,000, through the end of fiscal year 1990, in addition to any other funds now available to the Department to dis- charge its duties to implement sections 1600b to 1600k of this title and section 4029 of title 42: Provided, That by mutual agreement, such funds shall be made available to the Federal Emer- gency Management Agency to discharge its du- ties under section 4029 of title 42: Provided fur- ther, That the provisions of sections 1600d and 1600e of this title shall not be affected by this section: And Provided further, in addition, Indian tribes may be eligible under Public Law 93–638 [25 U.S.C. 5301 et seq.] to contract for studies of Indian lands required under the provisions of this chapter. (Pub. L. 99–450, § 15, Oct. 8, 1986, 100 Stat. 1136.) Editorial Notes REFERENCES IN TEXT Public Law 93–638, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic

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